Chapter III: Conditions of practice

The rules concerning the keeping of accounts by the clerks of the commercial court are applicable to the company. All registers and documents shall be opened or drawn up in the name of the company.

Each company governed by this Title is required to take out professional liability insurance.

The company may not be subject to disciplinary proceedings independently of those brought against the partners.

A commercial court clerk who is a partner provisionally suspended from his duties may not engage in any professional activity; he shall retain, for the duration of his suspension, his status as a partner, with all rights and obligations arising therefrom. A decision which pronounces the provisional suspension of one or more partners exercising their duties within the company, but not of all of them, shall not appoint an administrator….

The dismissed partner is stripped of his status as a commercial court clerk and ceases to exercise his professional activity as from the date on which the decision pronouncing his dismissal becomes final. With effect from the same date, he loses the right to attend and vote at company meetings. His or her shares are transferred under the conditions set out in articles R. 743-102 and R. 743-128. The provisions…

At the request of the public prosecutor, a copy of the decision dismissing the company or all the partners practising within it shall be placed in the file opened in the name of the company at the registry responsible for keeping the trade and companies register.

If one of the partners is temporarily prevented, by force majeure, from carrying out his duties, he shall be replaced by the other partners practising within the company. If all the partners are simultaneously prevented by force majeure from carrying out their duties, the office is managed in accordance with the regulations in force. However, the substitute(s) shall be chosen from among the persons listed in article 64 of decree…

A partner wishing to benefit from the authorisation to extend activity provided for in the second paragraph of Article L. 741-1 shall inform the company and its other partners. He shall also inform them of the outcome of his request.

The duties of associate or salaried commercial court clerk are assimilated to those of commercial court clerk for the award of the title of honorary commercial court clerk.

The seniority of associated commercial court clerks is determined taking into account, where applicable, the time served as a commercial court clerk. The seniority of companies is determined by the date of entry into the company of the most senior of its members practising within it.